VidhiSangh

Supreme Court of India · 01/09/2021

SAU. SANGEETA W/O SUNIL SHINDE versus THE STATE OF MAHARASHTRA AND ORS.

[2021] 11 S.C.R. 623 · 2021 INSC 434

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Summary

The Court upheld recognition of a new Panchayat Samiti party leader chosen by three of the party’s four elected members. The district political-party president had chaired the meeting, but the elected group itself made the decision through the same process used to select the appellant. Rules drafted by the appellant claiming a five-year tenure could not override the founding resolution permitting leadership change. A minority leader could not impose herself on the majority. Her appeal against the Collector’s recognition order was dismissed without costs.

Issues

  1. Whether a group leader could resist replacement by the elected majority on the strength of self-drafted rules claiming a five-year tenure.
  2. Whether the district political-party president’s chairing of the meeting amounted to imposition of a leader by an outsider.

Provisions considered

Held

Result

Appeal dismissed without costs; Collector’s recognition of the replacement group leader sustained.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 623.